POPSICLE CORPORATION v. WEISS


40 F.2d 301 (1929)

POPSICLE CORPORATION et al. v. WEISS.

District Court, S. D. New York.

May 15, 1929.


Attorney(s) appearing for the Case

Morris Hirsch, Clair W. Fairbank, Irving M. Obrieght, Morris Hirsch, and Jacob Ansbacher, all of New York City, for plaintiffs.

Philip S. McLean, of New York City, for defendant.


BONDY, District Judge.

This is a suit for infringement of claim 1 of the Burt patent, 1,470,524, dated October 9, 1923, and claims 1 to 5 inclusive of the Epperson patent, 1,505,592, dated August 19, 1924.

Defendant's counsel admitted during the trial that, if the patents are valid, they were infringed by the defendant.

Claim 1 of the Burt patent covers: "The process of making a frozen confection which consists in bringing a handle member in contact...

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